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George W. Latimer papers, 1926-2007

Overview of the Collection

Creator
Latimer, George
Title
George W. Latimer papers
Dates
1926-2007 (inclusive)
Quantity
10.25 linear feet
Collection Number
MS 0237
Summary
The George W. Latimer papers (1926-2007) consists of records and papers of civil court and court-martial cases handled by Latimer. Of particular interest are the files regarding the My Lai Massacre and Lieutenant William L. Calley, whom Latimer defended in 1974. Latimer was a lawyer and judge. He was elected as Utah State Supreme Court justice in 1946 and was a judge on the U.S. Court of Military Appeals in 1951.
Repository
University of Utah Libraries, Special Collections
Special Collections, J. Willard Marriott Library
University of Utah
295 South 1500 East
Salt Lake City, UT
84112-0860

Telephone: 8015818863
special@library.utah.edu
Access Restrictions

Twenty-four hour advanced notice encouraged. Materials must be used on-site. Access to parts of this collection may be restricted under provisions of state or federal law.

Languages
English
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Historical Note

George W. Latimer was born in Draper, Utah, to John and Petria Jensen Latimer on 28 November 1900. He studied law and received his Doctor of Laws from the University of Utah in 1924. From 1924-1940 Latimer practiced law in Salt Lake City, Utah. He married the former Rhoda Carroll on 5 October 1929. In 1932, Latimer joined the Utah National Guard. During the second world war, Latimer served his country as a Colonel in the 40th Invantry Division of the United States Army (1942-1943). The following two years from 1944-1945 he was the Cheif-of-staff of the 40th Infantry Division. Following his war service, Latimer returned to his law practice until he was appointed a Justice of the Utah Supreme Court a position he held from 1946-1951. Following his tenure as a Justice, Latimer served as a Judge of the United States Court of Military Appeals. In 1961 he returned to private practice as a partner in the firm of Parsons, Behle and Latimer. From 1969-1974 he represented Lt. William Calley in a capital court case.

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Content Description

The George W. Latimer papers (1926-2007) consists largely of materials connected with Latimer's defense of William Laws Calley in his trial for murder in connection with the 1968 My Lai incident in Vietnam. Included are correspondence between the members of the defense counsel and the government prosecution; court orders, motions and petitions; materials related to the government investigation, such as depositions taken by the military investigative team; and hearings reports, trial records, and appellant exhibits. Also present are materials from the post-court martial appeals, including correspondence, motions, petitions, drafts, exhibits, statements, briefs, and government replies. Other materials relating to the trial of Calley include correspondence seeking Presidential clemency and consideration of the Calley case by the military Parole and Clemency Board; correspondence with people supporting Calley either morally or financially; information on two civil suits by Calley and one against him by the Buddhist Congregation of Vietnam; correspondence concerning articles or books to be written about Calley and drafts of the articles by John Sacks written from interviews with the lieutenant for publication in Esquire magazine; and news clippings about the trial. Additional documents regarding other court cases that involved Latimer are in the collection, as are briefs from court cases in which Latimer's law firm was involved.

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Use of the Collection

Restrictions on Use

The library does not claim to control copyright for all materials in the collection. An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR, part 46 (Protection of Human Subjects). For further information, please review the J. Willard Marriott Library’s Use Agreement and Reproduction Request forms.

Preferred Citation

Collection Name, Collection Number, Box Number, Folder Number. Special Collections, J. Willard Marriott Library, The University of Utah.

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Administrative Information

Acquisition Information

Boxes 1-24 were donated in 1980 (8 linear feet).

Box 25 was donated in 1990 (0.5 linear feet).

Boxes 26-27 were donated in 1994 (1 linear feet).

Boxes 28-29 were donated in 2006 (0.75 linear feet).

Separated Materials

Photographs were transferred to the Multimedia Division of Special Collections (P0467).

Processing Note

Processed by Marlene Lewis and Manuscripts staff in 1980-1990s.

Addendum processed by Matthew Weathered in 2013

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Detailed Description of the Collection

  • Calley Case Pre-trial

    • Description: Legal Correspondence

      Letters exchanged between members of the defense counsel concerning the petitions and motions to be presented to the military court-martial in behalf of Lt. William L. Calley. Also included are letters from the Army prosecution panel relaying necessary information about witnesses and evidence.

      Dates: 1969-1970
      Container: Box 1, Folder 1-9
      Location: Calley Case Pre-trial
    • Description: Press Briefing

      Transcript of a press briefing held at the Pentagon on 17 December 1969 with Major General K. J. Hodson the Judge Advocate General regarding military justice.

      Dates: 1969
      Container: Box 1, Folder 10
      Location: Calley Case Pre-trial
    • Description: Westmoreland Statement

      Statement concerning events at My Lai by US Army Chief of Staff, General William C. Westmoreland, before the Special Subcommitte on Son My of the House Committee on Armed Services.

      Dates: 1969
      Container: Box 1, Folder 11
      Location: Calley Case Pre-trial

  • Court Orders, Motions, Petitions, Replies

    • Description: Court-martial

      Miscellaneous information about military trials, including regulations governing court-martial.

      Container: Box 2, Folder 1
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Court Orders

      Orders governing conduct of the witnesses and the trial.

      Dates: 1969-1970
      Container: Box 2, Folder 2
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Motions to Dismiss

      Motions filed in December of 1969 giving defense reasons to dismiss all charges against Lieutenant Calley. Including a copy of the motion to dismiss "all charges and specifications because the Court-martial lacks jurisdiction over the person of the accused.

      Dates: 1969
      Container: Box 2, Folder 3
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Motions to Dismiss
      Dates: 1970
      Container: Box 2, Folder 4-14
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Bill of Particulars
      Dates: 1970
      Container: Box 2, Folder 15
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Moton for Production of Information
      Dates: 1970
      Container: Box 2, Folder 16-19
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Motions, Petitions, and Replies

      Various defense motions and petitions seeking relief from the charges, access to witnesses and evidence and other legal material. Also included are the government replies to many of these motions.

      Dates: 1970
      Container: Box 2, Folder 20-24
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Brief on Constitutional Questions

      Brief which presents the defense view that a continuation of the proceedings would deny Lt. Calley his constitutional rights.

      Dates: 1970
      Container: Box 2, Folder 25
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Brief on Command Control

      Brief describing what the defense feels in unfair influence exercised by military authorities or the influence of statements of military commanders of the military court martial.

      Dates: 1970
      Container: Box 2, Folder 26
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Notes, Summaries

      Handwritten notes regarding the case and possible arguments, and summaries of witness depositions.

      Dates: 1970
      Container: Box 2, Folder 27
      Location: Court Orders, Motions, Petitions, Replies
    • Description: Calley's Statements

      Drafts of statements made by Lt. Calley concerning the events at My Lai.

      Container: Box 2, Folder 28
      Location: Court Orders, Motions, Petitions, Replies

  • Witnesses and Accused Statements

    • Description: Company Roster

      Roster for Company C of the 1st Battalion, 20th Infantry, 11th LIB, the American Division which was involved in Task Force Barker, the assault on My Lai.

      Dates: 1968
      Container: Box 3, Folder 1
      Location: Witnesses and Accused Statements
    • Description: Witnesses and Accused Statements, A-O

      Depositions taken by military investigators concerning the events at My Lai. The statements, arranged alphabetically, range from heresay evidence, to remarks made by men involved in the assault force.

      Container: Box 3, Folder 2-26
      Location: Witnesses and Accused Statements
    • Description: Witnesses and Accused Statements, P-W
      Container: Box 4, Folder 1-13
      Location: Witnesses and Accused Statements
    • Description: My Lai Maps

      Maps drawn by witnesses to illustrate and show locations of events in and around My Lai.

      Container: Box 4, Folder 14
      Location: Witnesses and Accused Statements

  • Investigations, Trial Record

    • Description: Investigation, Trial Record

      Report of the investigation of the Department of the Army Inspector General on the "incident of 16 March 1968 My Lai (4), RVN.

      Container: Box 5, Folder 1
      Location: Investigations, Trial Record
    • Description: Criminal Investigations Report

      The report itself is not included, only the "case progress forms" making up enclosures 6 through 14.

      Container: Box 5, Folder 2-5
      Location: Investigations, Trial Record
    • Description: Article 39 (a) Sessions

      Transcripts of the hearings of 20 January and 23 October 1970.

      Dates: 1970
      Container: Box 5, Folder 6-7
      Location: Investigations, Trial Record
    • Description: Article 32a Investigation

      List of written witness testimony offered at the Article 32 investigation hearing.

      Container: Box 5, Folder 8
      Location: Investigations, Trial Record
    • Description: Charge Sheets

      This document details the charges brought by the United States Government against Lt. William Laws Calley.

      Dates: 1969
      Container: Box 5, Folder 9
      Location: Investigations, Trial Record
    • Description: Report of Investigation Bound Volume

      Volume 1, Transcript of Testimony (Quintuplicate) Report of Article 32 Investigation.

      Container: Box 5, Item 1
      Location: Investigations, Trial Record
    • Description: Trial Record Bound Volume

      Volume 1, Book 1. Article 32 Investigation, Allied Papers of the investigation hearings.

      Container: Box 5, Item 2
      Location: Investigations, Trial Record
    • Description: Trial Record

      Volume 1 books 2-3 Included of the Article 32 Investigation.

      Container: Box 6
      Location: Investigations, Trial Record
    • Description: Trial Record Volume 1, Book 2

      Allied papers of the investigation hearings.

      Container: Box 7, Folder 1
      Location: Investigations, Trial Record
    • Description: Trial Transcript Volume 3, Books 3-4
      Container: Box 7, Folder 2-3
      Location: Investigations, Trial Record
    • Description: Trial Transcript Volume 3 Books 3-4
      Container: Box 8
      Location: Investigations, Trial Record
    • Description: Trial Transcipt Volume 3, Books 5-6
      Container: Box 9
      Location: Investigations, Trial Record
    • Description: Trial Transcript Volume 3, Books 7-8
      Container: Box 10
      Location: Investigations, Trial Record
    • Description: Trial Transcript Volume 3, Books 9-10
      Container: Box 11
      Location: Investigations, Trial Record
    • Description: Trial Transcript Volume 3, Book 11
      Container: Box 12
      Location: Investigations, Trial Record

  • Accused Copy Transcript

    • Description: Volume I, Trial Transcript
      Container: Box 13, Folder 1
      Location: Accused Copy Transcript
    • Description: Volume I, Appellant Exhibits

      Appendices 1-7 and exhibits 1-22.

      Container: Box 13, Folder 2-12
      Location: Accused Copy Transcript

  • Legal Correspondence, Court Orders, Motions, Petitions

  • Grant of Review

    • Description: J. Houston Gordon, Correspondence
      Dates: 1973
      Container: Box 17, Folder 1
      Location: Grant of Review
    • Description: Petition for Grant of Review
      Dates: 1973
      Container: Box 17, Folder 2
      Location: Grant of Review
    • Description: Brief
      Dates: 1973
      Container: Box 17, Folder 3-19
      Location: Grant of Review
    • Description: Government Reply
      Dates: 1973
      Container: Box 17, Folder 20-26
      Location: Grant of Review
    • Description: Court Order
      Dates: 1973
      Container: Box 17, Folder 27
      Location: Grant of Review

  • Review and Reply

    • Description: Incomplete Review Brief
      Dates: 1973
      Container: Box 18, Folder 1-4
      Location: Review and Reply
    • Description: Final Draft Review Portions
      Dates: 1973
      Container: Box 18, Folder 5
      Location: Review and Reply
    • Description: Incomplete Government Review Reply
      Dates: 1973
      Container: Box 18, Folder 6-7
      Location: Review and Reply

  • Petitions, Cross-Appeal

    • Description: Petition for Write of Habeas Corpus
      Dates: 1974
      Container: Box 19, Folder 1-12
      Location: Petitions, Cross-Appeal
    • Description: Petition for Revocation of Stay
      Dates: 1974
      Container: Box 19, Folder 13
      Location: Petitions, Cross-Appeal
    • Description: Appeal
      Dates: 1974
      Container: Box 19, Volume 1
      Location: Petitions, Cross-Appeal
    • Description: Cross-Appeal
      Dates: 1974
      Container: Box 19, Folder 14-19
      Location: Petitions, Cross-Appeal
    • Description: Circuit Court Appeal Appendix, Volumes 1-4

      Includes extracts from district court record, testimony transcript, and some appellate, prosecution, and defense exhibits.

      Container: Box 20
      Location: Petitions, Cross-Appeal

  • Parole and Clemency Board, Correspondence, Allied Cases, Miscellaneous

  • Articles and News Clippings

  • Latimer Court Cases

    • Description: United States vs. Fleener

      Trial record, exhibits, and appeal process materials.

      Dates: 1970
      Container: Box 23, Folder 1-17
      Location: Latimer Court Cases
    • Description: United States vs. Borys

      Includes United States Court of Military Appeals opinion.

      Dates: 1969
      Container: Box 23, Folder 18
      Location: Latimer Court Cases
    • Description: Allen vs. VanCanfort

      Appendix for a writ of habeas corpus.

      Container: Box 23, Folder 19-22
      Location: Latimer Court Cases

  • Seminar, Competition, Miscellaneous

  • Personal and Trial Materials

  • My Lai Trial

    • Description: Turkish Criminal Code
      Container: Box 26, Folder 1
      Location: My Lai Trial
    • Description: Hearing Aid Dealers Committee and Board Minutes
      Dates: 1982; 1984
      Container: Box 26, Folder 2
      Location: My Lai Trial
    • Description: Personal Materials

      News articles, retirement and military records, and miscellaneous.

      Container: Box 26, Folder 3
      Location: My Lai Trial
    • Description: News Articles
      Container: Box 26, Folder 4-5
      Location: My Lai Trial
    • Description: Statements, Briefings, and Documents
      Dates: 1969
      Container: Box 26, Folder 6
      Location: My Lai Trial

  • Weyman E. Wooten

    • Description: Memos and Correspondence
      Container: Box 27, Folder 1
      Location: Weyman E. Wooten
    • Description: Legal Documents

      Affidavits, case summary, brief, and records proceedings.

      Dates: 1974-1980
      Container: Box 27, Folder 2
      Location: Weyman E. Wooten
    • Description: Court of Appeals Documents

      Motions, appeals, orders and answers.

      Container: Box 27, Folder 3
      Location: Weyman E. Wooten

  • Personal Materials

    • Description: Various Typewritten Family Histories
      Container: Box 28, Folder 1
      Location: Personal Materials
    • Description: Handwritten Family History
      Container: Box 28, Folder 2
      Location: Personal Materials
    • Description: Death Documents
      Container: Box 28, Folder 3
      Location: Personal Materials
    • Description: Personal Information and Mementos
      Container: Box 28, Folder 4
      Location: Personal Materials
    • Description: Correspondence
      Dates: 1926-1972
      Container: Box 28, Folder 5-7
      Location: Personal Materials
    • Description: Correspondence, Lt. William Calley Incident
      Dates: 1973-1974
      Container: Box 28, Folder 8-9
      Location: Personal Materials
    • Description: Correspondence
      Dates: 1976-1992
      Container: Box 28, Folder 10
      Location: Personal Materials
    • Description: Awards and Citations
      Dates: 1922-1985
      Container: Box 28, Folder 11
      Location: Personal Materials
    • Description: Statements of G.W. Latimer Contained in Hearings Before the Subcommittee of the Committee on Appropriations
      Dates: 1956
      Container: Box 28, Folder 12
      Location: Personal Materials
    • Description: Military Appointments and Various Documents
      Dates: 1925-1986
      Container: Box 28, Folder 13
      Location: Personal Materials
    • Description: Photographs
      Container: Box 28, Folder 14
      Location: Personal Materials
    • Description: The Calley Case-Research and Reflections
      Container: Box 28, Folder 15
      Location: Personal Materials
    • Description: Newspaper Clippings
      Container: Box 28, Folder 16-17
      Location: Personal Materials
    • Description: Awards
      Dates: 1965
      Container: Box 29, Folder 1
      Location: Personal Materials
    • Description: Correspondence
      Dates: 1998
      Container: Box 29, Folder 2
      Location: Personal Materials
    • Description: Family Histories and Genealogical Records: Latimers and Carrols
      Dates: 2007
      Container: Box 29, Folder 3
      Location: Personal Materials
    • Description: Manuscript, Journal of AOAC INTERNATIONAL
      Dates: 2007
      Container: Box 29, Folder 4
      Location: Personal Materials
    • Description: Newspaper Clippings
      Dates: 1941
      Container: Box 29, Folder 5
      Location: Personal Materials

Finding aid prepared by Marlene Lewis
1980 (last modified: 2013 and 2019)

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